An Act
assisting victims of domestic or sexual violence and supplementing Title 34 of
the Revised Statutes.

Be It Enactedby the Senate and General Assembly of
the State of New Jersey:

1. This act shall be known
as the "New Jersey Security and Financial Empowerment Act" or
"NJ SAFE Act."

32. As used in
this act:

"Employee" means
a person who is employed for at least 12 months by an employer, with respect to
whom benefits are sought under this act, for not less than 1,000 base hours
during the immediately preceding 12-month period; and

"Employer" means
a person or corporation, partnership, individual proprietorship, joint venture,
firm or company, or other similar legal entity which engages the services of an
employee and employs 25 or more employees for each working day during each of
20 or more calendar workweeks in the then current or immediately preceding
calendar year. "Employer" includes the State, any political
subdivision thereof, and all public offices, agencies, boards, or bodies.3

3[2.]3.3 a. 3[Any employee of an
employer in this State 2who
was a victim of an incident of domestic violence as defined in section 3 of
P.L.1991, c.261 (C.2C:25-19) or a sexually violent offense as defined in
section 3 of P.L.1998, c.71 (C.30:4-27.6), or whose child, parent, or spouse
was a victim,2
shall be entitled to 2unpaid2 leave of 20 days 1[in any 12-month period as
needed for the purpose of engaging in any of the following activities as they
relate to]2, which may be
taken intermittently,2within one year of12[an]the2 incident of
domestic violence 2[as defined in section 3
of P.L.1991, c.261 (C.2C:25-19)]2
or 2[a]2 sexually
violent offense 2[as defined in section 3
of P.L.1998, c.71 (C.30:4-27.26) of which the employee or the employee's family
or household member was a victim1]2, as
needed for the purpose of engaging in any of the following activities as they
relate to the incident of domestic violence or sexually violent offense1] Any employee of an
employer in the State who was a victim of an incident of domestic violence as
defined in section 3 of P.L.1991, c.261 (C.2C:25-19) or a sexually violent
offense as defined in section 3 of P.L.1998, c.71 (C.30:4-27.26), or whose
child, parent, spouse,4domestic
partner,4 or
civil union partner was a victim shall be entitled to unpaid leave of no more
than 20 days in one 12-month period, to be used in the 12-month period next
following any incident of domestic violence or any sexually violent offense as
provided in this section. For purposes of this section, each incident of
domestic violence or any sexually violent offense shall constitute a separate
offense for which an employee is entitled to unpaid leave, provided that the
employee has not exhausted the allotted 20 days for the 12-month period. The
unpaid leave may be taken intermittently in intervals of no less than one day,
as needed for the purpose of engaging in any of the following activities as
they relate to the incident of domestic violence or sexually violent offense3:

(3) obtaining psychological
or other counseling for the employee or the employee's 3[family or household
member]child,
parent, spouse,4domestic
partner,4or civil union partner3;

(4) participating in safety
planning, temporarily or permanently relocating, or taking other actions to
increase the safety of the employee or the employee's 3[family or household
member]child, parent, spouse,4domestic
partner,4or civil union partner3
from future domestic or sexual violence or to ensure economic security;

(5) seeking legal assistance
or remedies to ensure the health and safety of the employee or the employee's 3[family or household
member]child,
parent, spouse,4domestic
partner,4or civil union partner3,
including preparing for1,1 or participating
in1,1 any civil or
criminal legal proceeding related to or derived from domestic or sexual
violence; or

(6) attending, participating
in1,1 or preparing for a
criminal or civil court proceeding relating to an incident of domestic or
sexual violence of which the 3[individual, or the family
or household member of the individual]employee or the employee's child, parent, spouse,4domestic
partner,4or civil union partner3,
was a victim.

4[3[Nothing
contained in this act shall be construed to prohibit an]An3 employer 3[from requiring]shall not require3 the employee to
exhaust accrued paid leave provided by the employer, or leave provided pursuant
to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), and
the federal "Family and Medical Leave Act of 1993," 3Pub.L.103-33 29 U.S.C. 2601 et
seq., before using leave provided pursuant to this section.]

An eligible employee may
elect, or an employer may require the employee, to use any of the accrued paid
vacation leave, personal leave, or medical or sick leave of the employee during
any part of the 20-day period of unpaid leave provided under this subsection.
In such case, any paid leave provided by the employer, and accrued pursuant to
established policies of the employer, shall run concurrently with the unpaid
leave provided under this subsection and, accordingly, the employee shall
receive pay pursuant to the employer’s applicable paid leave policy during the
period of otherwise unpaid leave. If an employee requests leave for a reason
covered by both this subsection and the “Family Leave Act,” P.L.1989, c.261
(C.34:11B-1 et seq.) or the federal “Family and Medical Leave Act of 1993,”
Pub.L.103-3 (29 U.S.C. s.2601 et seq.), the leave shall count simultaneously
against the employee’s entitlement under each respective law.4

b. Prior to taking the
leave provided for in this section, an employee shall, if the necessity for the
leave is foreseeable, provide the employer with written notice of the need for
the leave. The notice shall be provided to the employer as far in advance as is
reasonable and practical under the circumstances.

c. Nothing contained in
this act shall be construed to prohibit an employer from requiring that a
period of leave provided pursuant to this section be supported by the employee
with documentation of the domestic violence or sexually violent offense which
is the basis for the leave. If the employer requires the documentation, the
employee shall be regarded as having provided sufficient documentation if the
employee provides one or more of the following:

(1) a domestic violence
restraining order or other documentation of equitable relief issued by a court
of competent jurisdiction;

(2) a letter or other
written documentation from the county or municipal prosecutor documenting the
domestic violence or sexually violent offense;

(3) documentation of the
conviction of a person for the domestic violence or sexually violent offense;

(5) certification from a
certified Domestic Violence Specialist or the director of a designated domestic
violence agency or Rape Crisis Center, that the employee or employee's 3[family or household
member]child,
parent, spouse,5domestic
partner,5or civil union partner3
is a victim of domestic violence or a sexually violent offense; or

(6) other documentation or
certification of the domestic violence or sexually violent offense provided by
a social worker, member of the clergy, shelter worker1,1 or other
professional who has assisted the employee or employee's 3[family or household
member]child,
parent, spouse,5domestic
partner,5 or
civil union partner3
in dealing with the domestic violence or sexually violent offenses.

For the purposes of this
subsection:

"Certified Domestic
Violence Specialist" means a person who has fulfilled the requirements of
certification as a Domestic Violence Specialist established by the New Jersey
Association of Domestic Violence Professionals; and "designated domestic
violence agency" means a county-wide organization with a primary purpose
to provide services to victims of domestic violence, and which provides services
that conform to the core domestic violence services profile as defined by the
Division of 2[Youth and Family Services]Child Protection and
Permanency2
in the Department of 1[Human Services]Children and Families1 and is under
contract with the division for the express purpose of providing 1[such]the1 services.

d. 3[An employee shall be
entitled, at the employee's option, to take the leave provided for in this
section intermittently or on a reduced leave basis upon the approval of the
employer.

e.]3 An employer shall display
conspicuous notice of its employees' rights and obligations pursuant to the
provisions of this act 4in
such form and in such manner as the Commissioner of Labor and Workforce
Development shall prescribe4,
and use other appropriate means to keep its employees so informed.

3[f.]e.3 No provision of
this act shall be construed as requiring or permitting an employer to reduce
employment benefits provided by the employer or required by a collective
bargaining agreement which are in excess of those required by this act. Nor shall
any provision of this act be construed to prohibit the negotiation and
provision through collective bargaining agreements of leave policies or benefit
programs which provide benefits in excess of those required by this act. This
provision shall apply irrespective of the date that a collective bargaining
agreement takes effect.

Nothing contained in this act
shall be construed as permitting an employer to 1:

(1)1 rescind or reduce
any employment benefit accrued prior to the date on which the leave taken
pursuant to this act commenced1;
or

(2) rescind or reduce any
employment benefit, unless the rescission or reduction of the benefit is based
on changes that would have occurred if an employee continued to work without
taking the leave provided pursuant to this section1.

3[g.]f.3 All information
provided to an employer pursuant to subsection c. of this section, and any
information regarding a leave taken pursuant to this section and any failure of
an employee to return to work, shall be retained in the strictest confidentiality,
unless the disclosure is voluntarily authorized in writing by the employee or
is required by a federal or State law, rule1,1 or regulation.

3[1h. As
used in this act:

"employer" means
a person or corporation, partnership, individual proprietorship, joint venture,
firm or company, or other similar legal entity, as defined in section 3 of P.L.
1989, c.261 (C.34:11B-3), which engages the services of an employee and employs
25 or more employees.1]3

3[3.]4.3 An employer
shall not discharge, harass or otherwise discriminate or retaliate or threaten
to discharge, harass or otherwise discriminate or retaliate against an employee
with respect to the compensation, terms, conditions or privileges of employment
on the basis that the employee took or requested any leave to which the
employee was entitled pursuant to section 3[2]33 of this act or on
the basis that the employee refused to authorize the release of information
deemed confidential pursuant to subsection 3[g.]f.3 of section 3[2]33 of this act.

3[4.]5.3 a. Upon a
violation of any of the provisions of section 3[2]33 or section 3[3]43 of this act, an
employee or former employee may institute a civil action in the Superior Court
for relief. All remedies available in common law tort actions shall be available
to a prevailing plaintiff. The court may also order any or all of the following
relief:

(1) an assessment of a civil
fine of not less than $1,000 and not more than $2,000 for the first violation
of any of the provisions of section 3[2]33 or section 3[3]43 of this act and
not more than $5,000 for each subsequent violation;

(2) an injunction to
restrain the continued violation of any of the provisions of section 3[2]33 or section 3[3]43 of this act;

(3) reinstatement of the employee
to the same position or to a position equivalent to that which the employee
held prior to unlawful discharge or retaliatory action;

(4) reinstatement of full
fringe benefits and seniority rights;

(5) Compensation for any
lost wages, benefits and other remuneration;

(6) payment of reasonable
costs and attorney's fees.

b. 3[an]An3 action brought
under this section shall be commenced within one year of the date of the
alleged violation.

c. 3[any remedies provided for
in this section shall be in addition to any legal or equitable relief provided
by any other federal or State law, rule or regulation]A private cause of action provided for
in this section shall be the sole remedy for a violation of this act.3

3[5.]6.3 This act shall
take effect 2[immediately]on the first day of
the third month next following the date of enactment2.